see if there was a recorded void instrument to their property nor is the recording of an instrument by one not in their chain of title constructive notice of same. Barrera v. Ruiz , 308 S. W. 2d. 579 (Tex. Civ. App. - 1958, no writ hist.); Campsey v. Jack County Oil & Gas Association , 328 S. W. 2d. 912 (Tex. Civ. App. - 1959, writ ref’d n.r.e.); Spiller v. Woodard , 809 S. W. 2d. 624 (Tex. Civ. App. - 1991, no writ hist.) Portman v. Earnhart , 343 S. W. 2d. 294 (Tex. Civ. App. - 1960, writ ref’d n.r.e.); Wood v. HSBC Bank USA, N.A. , 505 S.W.3d 542 (Tex. - 2016) Analysis In Texas, Mr. Crook cannot perfect title to any tract of land merely by filing a forged deed. In fact, Mr. Crook cannot ever own any tract of land in Texas under a forged deed unless he also adversely possesses the land under the ten year statute of adverse possession (by case law cited above a forged deed will not support adverse possession under the 3 year statute and by express language in the statute will not support adverse possession under the 5 year statute). What Mr. Crook can do is really mess up a title to a tract of land by filing a forged deed in the county deed records. He may even be able to convince a mortgage company to lend him money with the property as security or a purchaser to buy the property from him. HOWEVER, under no circumstances can a mortgage company foreclose its mortgage or a purchaser from Mr. Crook take possession of the lands where the underlying title is premised on a forged deed. Assuming that the true owner was still in possession of the property, the mortgage company had an affirmative duty to inspect the property itself and, as a result of that inspection, would have found out that Mr. Crook was not in possession of the property. Even if Mr. Crook is in temporary possession of the property, he does not have title to it unless he has been in possession for the requisite 10 year statutory period of time. It simply is not possible to dispossess the true property owner of its title to real property in Texas in the absence of actual, true adverse possession under the 10 year statute of limitations. Should a landowner check his title at the county courthouse or at a local title company from time to time? It can but it does not have any legal duty
to do so under Texas law. No affirmative duty to continually check one’s own valid legal title exists in Texas. The mere filing of a forged deed NOT coupled with ten years of adverse possession will not allow Mr. Crook to “steal” the true landowner’s title. In Texas, many counties have their records online which may be reviewed for free or for a nominal charge by the county. A landowner may alternatively travel to its county clerk’s office and directly review all conveyances which may have been made concerning the landowner’s tract for no fee whatsoever. It is easy enough to check one’s title in Texas. Properties where a residence exists but which is not occupied or where no residence exists offer the most available opportunity for Mr. Crook to work his insidious magic. Properties no longer actually occupied but held for investment purposes by heirs, trusts or management companies for such or similar persons make it much easier to work a fraud against the true owner(s). The author had a client that located a 100 acre tract with I-45 frontage in Harris County, Texas. The true owner(s) could not be located by the client or the taxing authorities. The client completely fenced the 100 acre tract, paid all taxes and, after the expiration of ten years, filed a trespass to try title action claiming title by adverse possession to the entire 100 acres. He won his case and was awarded the legal title to the property by the court. Note that the claimant to the 100 acres actually adversely possessed the property for the requisite ten year period of time. So likewise must Mr. Crook occupy and possess the lands he is claiming for ten years to actually own the property. Other than non-occupied property in Texas (which still requires a 10 year investment of adverse possession by Mr. Crook), most lands in Texas, although certainly subject to Mr. Crook’s nefarious and illegal schemes, will not be subject to having Mr. Crook “steal the titles” to them. They will be subject to the potential expenditures of significant sums in legal fees to “clear” the title and run Mr. Crook off. How much money? In the case where a legitimate mortgage company/third party purchaser has been defrauded by Mr. Crook, significant legal proceedings may be expected to be filed to defend that title acquired by fraud (forged deed). In a hotly
G rowth T hrough E ducat i on - O c tober / N ov ember / D e c ember 2023 17
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